Justice for Young Offenders

Their Needs, Our Responses

Canada has a 100-year history of using the criminal justice system to address social problems of youth in society. Has this approach worked? Not according to clinical psychologist Mary Vandergoot. In fact, this approach has ignored the reality that many youth who come into contact with the law may have developmental disabilities, mental health disorders, suffer from a fetal alcohol spectrum disorder, or be victims of violence or neglect. Our current approach to youth justice can actually harm such young persons and their families by ignoring their needs.

Set against the backdrop of the recently enacted Canadian Youth Criminal Justice Act, the author takes an interdisciplinary approach to justice issues including: the consequences of charging or not charging a youth with a crime; options for dealing with troubled youth; what are appropriate sentences; a discussion of the social and emotional issues troubled youth face; and the role of the various actors in youth justice, including the role of a psychologist. In this ground-breaking analysis of the many, often complex issues that must be addressed, the author challenges us to examine the assumptions behind our approach to youth justice, and break the cycle of using legal sanctions to deal with youth who have special needs. Clinical examples and sample evaluations add to the depth of the author’s analysis.

This book will be of tremendous value to teachers, lawyers, community youth workers, judges, social workers, therapists, and parents — anyone interested in or working with young persons. The author tackles head on the difficult questions that must be addressed if society is to make a positive difference in the lives of its youth in conflict with the law.

Dr. Mary Vandergoot is a senior psychologist with the Youth Resource Centre, Child and Youth Program, in Saskatoon, SK, and a Professional Affiliate with the Department of Psychology, University of Saskatchewan. She has studied and worked in the areas of educational and developmental psychology, child and family mental health, and assessment and treatment of young offenders. She is the mother of five adult children.

AcknowledgementsIntroduction: Toward A Disability Paradigm

1. The Tip of the IcebergThe Code According to the YCJAMental Disorder ProvisionsKey Aspects of Youth Justice LegislationConferencesCourt Ordered ReportsAdult Sentences for Young OffendersConstitutionality of the YCJA

2. Good Reasons for a Separate SystemA Period of Change and RiskCompetencies in YouthAdolescence and StressMood DisordersPlanning, Judging, and Decision-MakingSubstance Abuse and AddictionImplications of a Developmental PerspectiveThe Truth about Consequences

3. Even More Reasons for a Separate SystemConceptualizing Mental DisabilitiesMultiple Pathways Leading to Mental DisabilitiesAt Risk for Secondary DisabilitiesVictimizationMental Disabilities and DelinquencyVictimization and Violent OffendingVictimization and Youth JusticeStereotypes Associated with Mental DisabilitiesMental Disabilities and EducationDisability Rights

4. The Snowball EffectOut-of-Court MeasuresConditions of Release and ProbationThe Adverse Impact of Custody